Kim Bobo and Marién Casillas Pabellón
- Published in print:
- 2016
- Published Online:
- January 2017
- ISBN:
- 9781501704475
- eISBN:
- 9781501705892
- Item type:
- chapter
- Publisher:
- Cornell University Press
- DOI:
- 10.7591/cornell/9781501704475.003.0029
- Subject:
- Sociology, Occupations, Professions, and Work
This chapter discusses ways of partnering and working with lawyers. It first considers the reasons why worker centers form partnerships with labor and employment (worker-side) attorneys, including ...
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This chapter discusses ways of partnering and working with lawyers. It first considers the reasons why worker centers form partnerships with labor and employment (worker-side) attorneys, including the desire to know the law, understand enforcement systems, protect workers who organize, and enhance organizing campaigns. It then looks at some of the challenges involved when worker centers try to partner with lawyers, kinds of attorneys, and important legal advocacy groups such as National Employment Law Project, National Employment Lawyers Association, and National Lawyers Guild. It also provides examples of worker centers using attorneys, legal advocacy, and legal strategies to support their campaigns. Finally, it offers suggestions for hiring an attorney and legal organizer and how worker centers can prevent attorneys from taking advantage of them.Less
This chapter discusses ways of partnering and working with lawyers. It first considers the reasons why worker centers form partnerships with labor and employment (worker-side) attorneys, including the desire to know the law, understand enforcement systems, protect workers who organize, and enhance organizing campaigns. It then looks at some of the challenges involved when worker centers try to partner with lawyers, kinds of attorneys, and important legal advocacy groups such as National Employment Law Project, National Employment Lawyers Association, and National Lawyers Guild. It also provides examples of worker centers using attorneys, legal advocacy, and legal strategies to support their campaigns. Finally, it offers suggestions for hiring an attorney and legal organizer and how worker centers can prevent attorneys from taking advantage of them.
Karen Hoffman
- Published in print:
- 2011
- Published Online:
- August 2013
- ISBN:
- 9780262015790
- eISBN:
- 9780262298407
- Item type:
- chapter
- Publisher:
- The MIT Press
- DOI:
- 10.7551/mitpress/9780262015790.003.0003
- Subject:
- Political Science, Environmental Politics
This chapter focuses on the transformation from science-based legal advocacy into community organizing by examining the case of the Clean Air and Water Network. Through community organization, the ...
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This chapter focuses on the transformation from science-based legal advocacy into community organizing by examining the case of the Clean Air and Water Network. Through community organization, the transformation aims at altering patterns of participation and political decision-making. The chapter looks into the various constraints encountered by such a movement and also suggests ways to overcome them. It presents a close examination of the Dioxin Prevention Campaign under the Clean Air and Water Network, and further, provides a broad insight into the emergent phenomena for environmental justice advocacy.Less
This chapter focuses on the transformation from science-based legal advocacy into community organizing by examining the case of the Clean Air and Water Network. Through community organization, the transformation aims at altering patterns of participation and political decision-making. The chapter looks into the various constraints encountered by such a movement and also suggests ways to overcome them. It presents a close examination of the Dioxin Prevention Campaign under the Clean Air and Water Network, and further, provides a broad insight into the emergent phenomena for environmental justice advocacy.
Eric K. Yamamoto
- Published in print:
- 2018
- Published Online:
- April 2018
- ISBN:
- 9780190878955
- eISBN:
- 9780190878986
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190878955.003.0008
- Subject:
- Law, Public International Law, Constitutional and Administrative Law
This chapter identifies realpolitik influences on the implementation of the proposed method for judicial review. It dispels the formalist notion that the judicial embrace of the method—any ...
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This chapter identifies realpolitik influences on the implementation of the proposed method for judicial review. It dispels the formalist notion that the judicial embrace of the method—any method—will itself assure its faithful operation. The chapter acknowledges the importance of judicial methods both for case adjudication and for judicial legitimacy. But, in light of the “flux and pressure of contemporary events,” it also identifies a crucial role for legal advocates and the American populace. It posits that careful judicial scrutiny in practice often results from a ragged combination of law and politics. This chapter’s final section tightly illustrates the impact of this kind of advocacy and pressure in Dr. Wen Ho Lee’s national security prosecution debacle. Dr. Lee’s story uplifts the realpolitik insight that there “is a symbiotic relationship between politics and law, in which civil society’s appeal to law informs politics, and that politics reinforces the law’s appeal.”Less
This chapter identifies realpolitik influences on the implementation of the proposed method for judicial review. It dispels the formalist notion that the judicial embrace of the method—any method—will itself assure its faithful operation. The chapter acknowledges the importance of judicial methods both for case adjudication and for judicial legitimacy. But, in light of the “flux and pressure of contemporary events,” it also identifies a crucial role for legal advocates and the American populace. It posits that careful judicial scrutiny in practice often results from a ragged combination of law and politics. This chapter’s final section tightly illustrates the impact of this kind of advocacy and pressure in Dr. Wen Ho Lee’s national security prosecution debacle. Dr. Lee’s story uplifts the realpolitik insight that there “is a symbiotic relationship between politics and law, in which civil society’s appeal to law informs politics, and that politics reinforces the law’s appeal.”
James A. Brundage
- Published in print:
- 2008
- Published Online:
- March 2013
- ISBN:
- 9780226077598
- eISBN:
- 9780226077611
- Item type:
- book
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226077611.001.0001
- Subject:
- History, European Medieval History
In the aftermath of sixth-century barbarian invasions, the legal profession that had grown and flourished during the Roman Empire vanished. Nonetheless, professional lawyers suddenly reappeared in ...
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In the aftermath of sixth-century barbarian invasions, the legal profession that had grown and flourished during the Roman Empire vanished. Nonetheless, professional lawyers suddenly reappeared in Western Europe 700 years later during the 1230s, when church councils and public authorities began to impose a body of ethical obligations on those who practiced law. This book traces the history of legal practice from its genesis in ancient Rome to its rebirth in the early Middle Ages and eventual resurgence in the courts of the medieval church. By the end of the eleventh century, the book argues, renewed interest in Roman law combined with the rise of canon law of the Western church to trigger a series of consolidations in the profession. New legal procedures emerged, and formal training for proctors and advocates became necessary in order to practice law in the reorganized church courts. The book demonstrates that many features that characterize legal advocacy today were already in place by 1250, as lawyers trained in Roman and canon law became professionals in every sense of the term. It also examines the centuries-long power struggle between local courts and the Christian church, secular rule and religious edict.Less
In the aftermath of sixth-century barbarian invasions, the legal profession that had grown and flourished during the Roman Empire vanished. Nonetheless, professional lawyers suddenly reappeared in Western Europe 700 years later during the 1230s, when church councils and public authorities began to impose a body of ethical obligations on those who practiced law. This book traces the history of legal practice from its genesis in ancient Rome to its rebirth in the early Middle Ages and eventual resurgence in the courts of the medieval church. By the end of the eleventh century, the book argues, renewed interest in Roman law combined with the rise of canon law of the Western church to trigger a series of consolidations in the profession. New legal procedures emerged, and formal training for proctors and advocates became necessary in order to practice law in the reorganized church courts. The book demonstrates that many features that characterize legal advocacy today were already in place by 1250, as lawyers trained in Roman and canon law became professionals in every sense of the term. It also examines the centuries-long power struggle between local courts and the Christian church, secular rule and religious edict.
- Published in print:
- 2008
- Published Online:
- March 2013
- ISBN:
- 9780226768335
- eISBN:
- 9780226768366
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226768366.003.0001
- Subject:
- Law, Legal Profession and Ethics
This introductory chapter sets out the book's purpose, which is to provide a window into the world of lawyers for conservative causes and probes the little discussed cultural conflict among them. It ...
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This introductory chapter sets out the book's purpose, which is to provide a window into the world of lawyers for conservative causes and probes the little discussed cultural conflict among them. It shows how lawyers for the various constituencies of the conservative alliance established highly specialized legal advocacy organizations to challenge the Left's vision of lawyers' proper roles and to reshape public policy. It analyzes their characteristics, values, professional identities, and strategies and the extent to which they, and the organizations they serve, operate as a coordinated whole. The lawyers examined here serve several strands of the conservative alliance that has coalesced behind the Republican Party during the past few decades. Most prominent among those elements are social conservatives, libertarians, and business interests. The book shows that there are striking differences among the lawyers who serve the primary constituencies of the conservative coalition. An overview of the subsequent chapters is also presented.Less
This introductory chapter sets out the book's purpose, which is to provide a window into the world of lawyers for conservative causes and probes the little discussed cultural conflict among them. It shows how lawyers for the various constituencies of the conservative alliance established highly specialized legal advocacy organizations to challenge the Left's vision of lawyers' proper roles and to reshape public policy. It analyzes their characteristics, values, professional identities, and strategies and the extent to which they, and the organizations they serve, operate as a coordinated whole. The lawyers examined here serve several strands of the conservative alliance that has coalesced behind the Republican Party during the past few decades. Most prominent among those elements are social conservatives, libertarians, and business interests. The book shows that there are striking differences among the lawyers who serve the primary constituencies of the conservative coalition. An overview of the subsequent chapters is also presented.
Jennifer K. Robbennolt and Valerie P. Hans
- Published in print:
- 2016
- Published Online:
- May 2017
- ISBN:
- 9780814724941
- eISBN:
- 9780814724712
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814724941.003.0005
- Subject:
- Psychology, Social Psychology
This chapter explores the psychology of causal reasoning and the implications of this psychology for tort law. The chapter surveys what is known about counterfactual thinking, a process that is at ...
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This chapter explores the psychology of causal reasoning and the implications of this psychology for tort law. The chapter surveys what is known about counterfactual thinking, a process that is at the heart of the but-for test of causation. In addition, the chapter explores the multiple challenges that decision makers face in making causal inferences in complex real-world settings. These include evaluating the contributions of multiple causal factors, evaluating causation in the context of a background risk of harm, identifying the particular source of a harm, and assessing causes that are part of broader causal chains. The chapter raises questions about the role of legal advocacy in defining competing causal accounts and the counterfactual potency of those accounts.Less
This chapter explores the psychology of causal reasoning and the implications of this psychology for tort law. The chapter surveys what is known about counterfactual thinking, a process that is at the heart of the but-for test of causation. In addition, the chapter explores the multiple challenges that decision makers face in making causal inferences in complex real-world settings. These include evaluating the contributions of multiple causal factors, evaluating causation in the context of a background risk of harm, identifying the particular source of a harm, and assessing causes that are part of broader causal chains. The chapter raises questions about the role of legal advocacy in defining competing causal accounts and the counterfactual potency of those accounts.
Ratna Kapur
- Published in print:
- 2015
- Published Online:
- November 2015
- ISBN:
- 9780199452941
- eISBN:
- 9780199085521
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199452941.003.0002
- Subject:
- Law, Human Rights and Immigration
The Slutwalk campaigns around the world have triggered a furious debate on whether it advances or limits feminist legal politics. This article examines the position of Slutwalk in the context of ...
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The Slutwalk campaigns around the world have triggered a furious debate on whether it advances or limits feminist legal politics. This article examines the position of Slutwalk in the context of feminist legal advocacy in India and discusses whether its emergence signifies the demise of feminism or its incarnation in a different guise. The author argues that Slutwalk provides an important normative and discursive challenge to a specific strand of feminism based on male domination and female subordination in the area of sexuality. It serves as a space clearing gesture, a form of feminism lite, rather than offering a transformative or revolutionary politics, and thus enables the possibility of feminist theoretical positions that have hitherto been marginalized or ignored in feminist legal advocacy to emerge.Less
The Slutwalk campaigns around the world have triggered a furious debate on whether it advances or limits feminist legal politics. This article examines the position of Slutwalk in the context of feminist legal advocacy in India and discusses whether its emergence signifies the demise of feminism or its incarnation in a different guise. The author argues that Slutwalk provides an important normative and discursive challenge to a specific strand of feminism based on male domination and female subordination in the area of sexuality. It serves as a space clearing gesture, a form of feminism lite, rather than offering a transformative or revolutionary politics, and thus enables the possibility of feminist theoretical positions that have hitherto been marginalized or ignored in feminist legal advocacy to emerge.
